Rule of Criminal Procedure 16
See Rules of Criminal Procedure. OOC NOTE: As this rule pertains to RP that occurs before the parties have had the opportunity to consent to SCLE involvement, it is being considered for redaction or removal. However, even if it is removed, we will still expect that guards and other persons will remain vigilant regarding the rights and comfort of other roleplayers, IC and OOC. Rule 16. Search Warrants and Seizures. A. Scope and Definitions. # Scope. This rule does not modify any statute regulating search or seizure, or the issuance and execution of a search warrant in special circumstances. # Definitions. The following definitions apply under this rule: * a. “Property” includes documents, books, papers, any other tangible objects, and information. *b. “Law enforcement officer” means an agent of the Crown (other than an attorney for the Crown) who is engaged in enforcing the criminal laws and is within any category of officers authorized by the Crown to request a search warrant. *c. "Issuer" refers to any magistrate or constable duly qualified and authorized by the Crown to issue search or arrest warrants. B. Conditions for Issuance. At the request of a law enforcement officer or an attorney for the Crown, an issuer has authority to issue a warrant to search for and seize a person or property located within the Kingdom of Stormwind. C. Persons or Property Subject to Search or Seizure. A warrant may be issued for any of the following: # evidence of a crime; # contraband, fruits of crime, or other items illegally possessed; #property designed for use, intended for use, or used in committing a crime; or #a person to be arrested or a person who is unlawfully restrained. D. Obtaining a Warrant. # In General. After receiving an affidavit or other information, an issuer must issue the warrant if there is probable cause to search for and seize a person or property or to install and use a tracking device. # Requesting a Warrant in the Presence of a Magistrate. * a. Warrant on an Affidavit. When a law enforcement officer or an attorney for the Crown presents an affidavit in support of a warrant, the issuer may require the affiant to appear personally and may examine under oath the affiant and any witness the affiant produces. * b. Warrant on Sworn Testimony. The issuer may wholly or partially dispense with a written affidavit and base a warrant on sworn testimony if doing so is reasonable under the circumstances. * c. Recording Testimony. Testimony taken in support of a warrant must be recorded by a court reporter or by a suitable recording device, and the issuer must file the transcript or recording with the Court Clerk’s office, along with any affidavit. E. Issuing the Warrant. # In General. The issuer must issue the warrant to an officer authorized to execute it. # Contents of the Warrant. ''The warrant must identify the person or property to be searched, identify any person or property to be seized, and designate the issuer to whom it must be returned. The warrant must command the officer to: * a. execute the warrant within a specified time no longer than 14 days; and * b. return the warrant to a magistrate of the Courts of Law and Equity. If the warrant was issued by a magistrate, the magistrate has continuing jurisdiction over the case. '''F.' Executing and Returning the Warrant. # Inventory. An officer present during the execution of the warrant must prepare and verify an inventory of any property seized. The officer must do so in the presence of another officer and the person from whom, or from whose premises, the property was taken. If either one is not present, the officer must prepare and verify the inventory in the presence of at least one other credible person. # Receipt. The officer executing the warrant must give a copy of the warrant and a receipt for the property taken to the person from whom, or from whose premises, the property was taken or leave a copy of the warrant and receipt at the place where the officer took the property. ((This need not be done IC.)) # Return. The officer executing the warrant must promptly return it–together with a copy of the inventory–to a magistrate of the Courts of Law and Equity, as described in Rule 6(E)(2)(b). The magistrate must, on request, give a copy of the inventory to the person from whom, or from whose premises, the property was taken and to the applicant for the warrant. G. Review of the Warrant. In any case where a warrant was issued by a constable, the defendant may request, during his initial appearance, that the magistrate holding the hearing review the warrant for defects. Upon such a request, the magistrate must schedule a pretrial hearing for this review. If the warrant is found to be materially defective, all evidence acquired through the warrant is inadmissible at trial. If the warrant is found to be without material defect, the defendant will not be permitted to raise further objections to it. H. Motion to Return Property. A person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property’s return. The motion must be filed with the magistrate who has continuing jurisdiction over the case. The court must receive evidence on any factual issue necessary to decide the motion. If it grants the motion, the court must return the property to the movant, but may impose reasonable conditions to protect access to the property and its use in later proceedings. Category:Rules of Criminal Procedure